NAT. GUARD REEMPLOYMENT RIGHTS/DEFINITIONS.

View NCGA Bill Details2017-2018 Session
Senate Bill 404 (Public) Filed Monday, March 27, 2017
AN ACT TO PROVIDE DEFINITIONS TO CLARIFY THE NATIONAL GUARD REEMPLOYMENT RIGHTS AND TO EXTEND THE REEMPLOYMENT APPLICATION PERIOD FOR NATIONAL GUARD MEMBERS WHO HAVE INCURRED AN INJURY DURING THE PERFORMANCE OF STATE ACTIVE DUTY.
Intro. by Britt.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Mar 28 2017)

Bill History:

S 404

Bill Summaries:

  • Summary date: Mar 27 2017 - More information

    Identical to H 487, file 3/27/17.

    Amends Article 16 of GS Chapter 157A, National Guard Reemployment Rights, as follows.

    Enacts GS 127A-201.1, defining the terms benefit of employment, qualified, and seniority.

    Amends GS 127A-202, amending and adding to previous provisions and making organizational changes. New subsection (a) requires an employee's previous employer to reemploy the employee in the employee's previous position within five days of the employee's release from state duty. Defines state duty as (1) in the case of a member of the NC National Guard, State active duty under an order of the Governor pursuant to GS Chapter 127A; or (2) in the case of a member of the National Guard of another State, service under an order of the governor of that state, which is similar to State active duty. Amends existing language to provide that, if the employee's state duty lasted more than 30 days, the employee is required to make written application to the employee's previous employer for reemployment within 14 days of the employee's release from state duty, and requires the employee to be restored to the employee's previous position or placed in another position as previously specified. New subsection (b) establishes that if an employee is hospitalized for, or convalescing from, an illness or injury incurred in or aggravated during the performance of state duty, the employee is required to make written application for reemployment within the period of recovery. Defines the period of recovery to be the period necessary for the employee to recover from the illness or injury. Limits the period of recovery to not exceed two years, unless the Commissioner of Labor (Commissioner) extends the period. Allows the Commissioner to extend the period only if the employee files a written requires for extension at least 15 days prior to the expiration of the two-year period of recovery and the Commissioner finds that reemployment during the two-year period would place an undue burden on the employee. Directs the Commissioner to notify the employee's previous employer of the amount of the extension. Allows a party who is dissatisfied with a decision of the Commissioner to commence a contested case under Article 3 of GS Chapter 150B.

    Makes clarifying change to GS 127A-203, requiring an employer denying employee rights under GS 127A-202 to compensate the employee for any loss of wages or benefits of employment suffered by reason of the employer's unlawful failure or refusal. 

    Makes technical changes.

    Applies to state duty commencing on or after the date that the act becomes law.


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